Tuesday, November 15, 2016

Part 1: Talking to Police - A Sucker's Bet.

When you are accused of a crime, or the police suspect you of a crime, one of the first things they will do is "just try to get you to answer a few questions". Sounds simple enough, but your answers to those few questions are likely going to land you in a legal mess. And by "legal mess", I mean sharing a 6x8 cell with some dude named Clarence for the foreseeable future. That is why any criminal defense attorney worth his weight in mahogany will tell you to keep your mouth shut!

Lamp probably not from Pottery Barn.
But here's the thing - if the answer is so clearly to just shut your trap, why do so many people willingly subject themselves to police interrogations? I mean, luckily for the people who manufacture those weirdly hot, hangy-down overhead lights found only in interrogation rooms they do. But unluckily for the next innocent person who walks into the station to falsely confess to a crime they did not commit, there is still so much confusion on this issue.

No joke - as a criminal defense lawyer, the question I get asked the most other than "how do you defend THOSE people" is "Should I cooperate with police?" After all, they are the police. Right? Sworn to protect and serve.

Cooperate? Yes. Always obey commands and follow orders. But give a statement after being held for 12 hours without sleep, food, air conditioning (or heat) or a lawyer? Absolutely not. Knowing your rights when subjected to a custodial interrogation is not being uncooperative or anti-police. Neither is invoking the rights granted to you by the Constitution of the United States when your liberty is at stake.

In this space I attempt to answer the most common questions people have about whether they should give a statement to police, why the answer to that question is almost always no, and what the consequences of either decision might be.

Next Up

Part 2: Why do you talk to police who suspect you of a crime?

Caveat: If you or someone you know is currently a suspected of a crime and police want to talk, stop reading this blog and contact a criminal defense attorney right away to help you. As always, the words on this blog are no substitute for particularized advice from an actual attorney about your specific legal circumstances.

The Glaesman Law Firm, LLC is a full service criminal defense law firm located at 820 S. Main St. Suite 208, St. Charles, Missouri 63301. If you or a loved one has been charged with a crime or is facing a probation violation hearing, call them right away to discuss your options.